Constructivism and International Law

Brunnée, Jutta; Toope, Stephen J.

doi:10.1017/cbo9781139107310.007

Cited by 35 publications

(25 citation statements)

References 74 publications

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“…Recognizing the ambiguity of norms as constant and continuous finds echoes in critical legal scholarship dealing with the indeterminacy of international law. While much of the IR literature continues to treat international law as fixed and independently authoritative (Brunnée and Toope, 2013: 125), scholars here consider it as ‘an expression of politics’ that involves choice rather than simply ‘applying a pre-existing principle’ (Koskenniemi, 2011: v).…”

Section: The Implementation Of Norms: a Practice-based Approachmentioning

confidence: 99%

Implementation in practice: The use of force to protect civilians in United Nations peacekeeping

Bode

Karlsrud

2018

European Journal of International Relations

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Since the failures of the United Nations of the early 1990s, the protection of civilians has evolved as a new norm for United Nations peacekeeping operations. However, a 2014 United Nations report found that while peacekeeping mandates often include the use of force to protect civilians, this has routinely been avoided by member states. What can account for this gap between the apparently solid normative foundations of the protection of civilians and the wide variation in implementation? This article approaches the question by highlighting normative ambiguity as a fundamental feature of international norms. Thereby, we consider implementation as a political, dynamic process where the diverging understandings that member states hold with regard to the protection of civilians norm manifest and emerge. We visualize this process in combining a criticalconstructivist approach to norms with practice theories. Focusing on the practices of member states' military advisers at the United Nations headquarters in New York, and their positions on how the protection of civilians should be implemented on the ground, we draw attention to their agency in norm implementation at an international site. Military advisers provide links between national ministries and contingents in the field, while also competing for being recognized as competent performers of appropriate implementation practices. Drawing on an interpretivist analysis of data generated through an online survey, a half-day workshop and interviews with selected delegations,

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Section: The Implementation Of Norms: a Practice-based Approachmentioning

confidence: 99%

Implementation in practice: The use of force to protect civilians in United Nations peacekeeping

Bode

Karlsrud

2018

European Journal of International Relations

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“…Law shapes state behavior through iterative and interactive reinforcement of principles or criteria of legality. For Brunnée and Toope, this iterative process generates legal obligations when norm creation and application meet Fuller's criteria of legality (Brunnée and Toope , 7; , 22): generality, promulgation, nonretroactivity, clarity, not asking the impossible, noncontradiction, constancy, and congruence between rules and actions. Adherence to these criteria of legality gives rise to a distinctive legal legitimacy that is derived from the “internal morality of the law” and results in “fidelity to law” (Fuller , 64–90; Brunnée and Toope , 25–27).…”

Section: The Emergence Of New Legal Categories and Normsmentioning

confidence: 99%

Constructing International Crime: Lawyers, States, and the Origin of International Criminal Prosecution in the Interwar Period

Holthoefer¹

2017

Law soc. inq.

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This article explains the development of international crime as a legal category. I argue that states’ pursuit of political rights claims empowers international lawyers to develop new legal categories to grant states new tools to pursue their interests. At the same time, lawyers have a stake in defending the autonomy of law from politics, thus pushing for the development of legal norms and institutions that go beyond the original state intent. States’ turn to law thus begets more law, expanding the legal and institutional tools to solve international problems while simultaneously enforcing a commitment to principles of legality. To demonstrate the plausibility of the theory, the article studies the construction of the concept of an international crime in the interwar period (1919–1939). In response to the Allies’ attempt to prosecute the German Emperor, international lawyers sought the codification of international criminal law and drafted enforcement mechanisms. The interwar legal debate not only introduced international crime into the legal and political vocabulary, it also legitimized a new set of institutional responses to violations of international law, namely, international criminal prosecution.

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“…Finally, also along the lines of constructivist theories of international relations and international law (Brunnée and Toope 2012), environmental regimes such as the climate regime can be important facilitators of learning and the diffusion of policies (Haas 2000;Holzinger et al 2008). One specific way in which the climate regime can foster learning is through its so-called technical expert meetings, which have been a regular staple on the negotiation agenda and will continue to be so until at least 2020.…”

Section: The Unfccc and Fossil Fuel Subsidies: (Possible) Pathways Ofmentioning

confidence: 99%

Fossil Fuel Subsidies and the Global Climate Regime

Asselt¹,

Merrill²,

Kulovesi³

2017

SSRN Journal

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Constructivism and International Law

Cited by 35 publications

References 74 publications

Implementation in practice: The use of force to protect civilians in United Nations peacekeeping

Implementation in practice: The use of force to protect civilians in United Nations peacekeeping

Constructing International Crime: Lawyers, States, and the Origin of International Criminal Prosecution in the Interwar Period

Fossil Fuel Subsidies and the Global Climate Regime

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